NOMINATION OF NEIL M. GORSUCH, NOMI- NEE TO BE CIRCUIT JUDGE FOR THE TENTH CIRCUIT WEDNESDAY, JUNE 21, 2006 UNITED STATES SENATE, Washington, D.C. The hearing was convened, pursuant to notice, at 4:05 p.m., in room SD-226, Dirksen Senate Office Building, Hon. Lindsey Graham, presiding. OPENING STATEMENT OF HON. LINDSEY GRAHAM, A U.S. SENATOR FROM THE STATE OF SOUTH CAROLINA Senator GRAHAM. The hearing will come to order. I apologize for being late. I would like to welcome my two col- leagues from Colorado. I appreciate you taking the time to come be- fore the Committee and testify. If you are ready, Senator Allard. PRESENTATION OF NEIL M. GORSUCH, NOMINEE TO BE CIR- CUIT JUDGE FOR THE TENTH CIRCUIT BY HON. WAYNE AL- LARD, A U.S. SENATOR FROM THE STATE OF COLORADO Senator ALLARD. Mr. Chairman, it is good to see you here. I am glad I yielded to you on the floor so you could be here to preside over this hearing. Senator GRAHAM. For the audience, he said, "I have to be at a hearing at 4:00." I said, "I do, too." No we know why. Senator ALLARD. Now we realize we are both at the same meet- ing. So, thank you. Well, Chairman Graham and members of the Committee, it is my pleasure to introduce to you Neil M. Gorsuch, President Bush's nominee to the U.S. Court of Appeals for the Tenth Circuit. Mr. Gorsuch is an extraordinarily well-qualified nominee and, if con- firmed, would capably serve the citizens of Colorado, the Tenth Cir- cuit, and indeed the United States. I would like to begin by thanking Chairman Specter for so promptly scheduling this hearing. I look forward to the Commit- tee's continuing the tone of expediency set by the Chairman by swiftly reporting the nominee to the floor for a timely up or down vote. It is critical to the administration of justice that this seat, which has been vacant since last year, be filled immediately. I am pleased that we are joined today by Senator Salazar, in what I hope is an early indicator of broad bipartisan support for (1) 2 this nominee. I would also like to welcome Mr. Gorsuch's wife, Lou- ise, and her tow children, Emma and Belinda, to the U.S. Senate. Senator GRAHAM. And let the record reflect, they are beautiful children and a lovely wife. Senator ALLARD. They are wonderful. All three of you no doubt played an important role in your husband and father being here today. Speaking from my own experience in public service, your love and support will continue to be instrumental to his ability to perform his public duties. You are embarking on this journey to- gether. I would also like to welcome Mr. Gorsuch back to the U.S. Sen- ate. Some of you, including the Ranking Member, may remember Mr. Gorsuch from his service as a Senate page in the early 1980's. It was here in the Senate that he made his foray into public serv- ice, and developed the passion for it that he exudes today. As a fifth-generation Coloradan, I am pleased that President Bush chose a nominee with deep Colorado roots. Born in Denver, Mr. Gorsuch is a fourth-generation Coloradan who, if confirmed, would carry on his family history of public service in the State. His mother, Ann Gorsuch, served in the Colorado State Legislature, and as EPA Director during the Reagan Administration. Moreover, his grandfather founded a successful Denver law firm, Gorsuch Kirgis, where both he and Neil's father were active in the community throughout the firm's 60-year history. Neil, if confirmed, you no doubt look forward to returning to Col- orado, for family and the Rocky Mountains there await you. Mr. Chairman, if I were asked to succinctly characterize Mr. Gorsuch, I would have to say well rounded: well rounded educa- tionally, professionally, and personally. Mr. Gorsuch pursued a rigorous and geographically diverse course of academic study. He earned his undergraduate degree from Columbia University, including a summer at the University of Colorado, his law degree from Harvard, and a doctorate in legal philosophy from Oxford University. Mr. Gorsuch began his distinguished professional career as a law clerk to Judge David Sentelle on the U.S. Court of Appeals for the D.C. Circuit. He then went on to clerk for two Supreme Court jus- tices, Justice Kennedy and Colorado's own Byron White. Following his prestigious clerkship, Mr. Gorsuch entered private practice and became a partner in the law firm of Kellogg, Huber, Hanson, Todd, Evans & Figel. While in private practice, Mr. Gorsuch litigated matters of clients large and small, ranging from individuals, to non profits, to corporations. Moreover, he litigated cases on a range of issues, from simple contract disputes to complex antitrust and securities fraud matters. He left private practice in 2005 to return to public service, this time at the U.S. Department of Justice, where he currently serves as the principal deputy to the Associate Attorney General. Looking collectively at his career, the picture of an appellate judge-in-training emerges. Mr. Gorsuch has served in all three branches of the government, including the highest levels of the ju- dicial and executive branches: he has represented both plaintiffs and defendants; he has represented both individuals and corpora- 3 tions; he has litigated civil cases and criminal cases; and he has litigated in both Federal and State courts. In sum, the breadth and depth of Mr. Gorsuch's experience makes him ideally suited to serve on the Federal appellate bench. While Mr. Gorsuch is highly qualified, I also promised the people of Colorado I would support judicial nominees who I believe would rule on the law and the facts before then, not judges who would legislate from the bench. My support of Mr. Gorsuch here today is consistent with that promise. Mr. Chairman, I see my time has expired. May I have permission to finish my comments, which is just about a minute and a half? Senator GRAHAM. Take all the time you need. Senator ALLARD. Thank you. From my conversation with Mr. Gorsuch, I am certain that he recognizes the proper role of the judiciary. The role of the judiciary is to interpret the law, not make the law. I believe that Mr. Gorsuch is temperamentally and intellectually inclined to stick to the facts and the law in cases that would come before him and he would refrain from legislating from the bench. Moreover, Mr. Gorsuch's personal views would not determine the outcome of cases that come before him. Mr. Gorsuch himself says, "Personal politics or policy preferences have no useful role in judg- ing; regular and healthy doses of self-skepticism and humility about one's own abilities and conclusions always do." I believe this statement also speaks to Mr. Gorsuch as a person. He is humble, unassuming, polite, and respectful. This sentiment is reflected in the numerous letters pouring into my office from peo- ple that have worked with him over the years. Mr. Gorsuch pos- sesses the temperament befitting an appellate judge. In conclusion, Mr. Gorsuch is a top-flight nominee who I am proud to introduce to the distinguished members of the Committee. I look forward to a fair and dignified confirmation process, the out- come of which I am confident will reveal a highly qualified nomi- nee, deserving of confirmation. Congratulations, Neil. On behalf of the citizens of Colorado, I thank you, Mr. Chairman, for allowing me the extra time to finish the introduction of an exceptional individual. Senator GRAHAM. Thank you, Senator Allard. That was well done. We appreciate you testimony. Senator Salazar? PRESENTATION OF NEIL M. GORSUCH, NOMINEE TO BE CIR- CUIT JUDGE FOR THE TENTH CIRCUIT BY HON. KEN SALAZAR, A U.S. SENATOR FROM THE STATE OF COLORADO Senator SALAZAR. Thank you, Chairman Graham. To the chair- man of this Committee, Senator Specter and Senator Leahy, I thank them for their leadership, and I thank you for the work that you do on this Committee. Unfortunately, it often seems that bipartisanship is a lost art here in Washington, D.C., so when I was asked to join my friend Senator Allard in introducing Neil Gorsuch to the Judiciary Com- mittee, I was very pleased to accept that invitation. I would also like to welcome Mr. Gorsuch's wife, Louise and his young and beautiful daughters, Emma and Belinda, here today. 4 While Mr. Gorsuch has spent the majority of his professional life in Washington, D.C., his roots in Colorado are strong, going back four generations. If confirmed he will return back to Colorado, where I hope that he will live up to the standards set by a long line of distinguished jurists from our State, including the late U.S. Supreme Court Justice Byron White. At the young age of 38, Mr. Gorsuch has already had a very im- pressive legal career. After earning degrees from Columbia Univer- sity, Harvard Law School and Oxford University, he went on to work and clerk on the D.C. Circuit of the U.S. Supreme Court. Following his clerkships, he spent nearly 10 years in private practice before becoming principal deputy to the Associate Attorney General of the United States. While I do not know Mr. Gorsuch well, I have had the chance to visit with him and learn about both his personal background and his professional experience. During our meeting, I found him to be very intelligent, thoughtful, and appreciative of the great honor it is to be nominated to the Federal bench.